Rise in cases pinches area assigned-counsel programs

Syracuse, NY -- The recession has helped push the budgets of assigned-counsel programs in Central New York’s four-county area to the breaking point, officials with the programs say.

Counties are seeing more crimes directly tied to the recession. Also, money woes from the recession are hitting families hard, leading to more abuse and violence in the home.

And when these folks end up in court, they often need an assigned lawyer because they do not have the money to hire one.

Cayuga, Oswego, Onondaga and Madison counties have seen a jump in caseload at their assigned-counsel programs. And three counties are asking or have asked for more money to keep them running.2009 budgets
How much each program is over budget for 2009: Oswego: 1.2 million budget; $300,000 overCayuga: $746,500 budget; about $100,000 overOnondaga: $4.5 million budget; even on budget now Madison: Criminal budget, $130,000, not over budget; family court budget, $175,000, $100,000 over budget.
Lloyd Hoskins, who administers the Cayuga County program, asked the county Legislature Tuesday to transfer $95,000 to the assigned counsel office to cover budget overruns through the end of the year.

Program officials in Oswego County are asking the county Legislature for $400,000 more to cover it through Dec. 31.

“We’ll be $300,000 over budget as of Nov. 30,” said Stephen Greene Jr., director of the Oswego County assigned counsel office. “We think it’s the economy.”

Greene and Hoskins said more people are turning to crimes such as theft and burglary. When they are caught and charged, they often are unemployed and cannot afford a lawyer.

“This year, as of Oct. 31, we’ve had 1,311 cases,” Hoskins said. “That’s up about 105 from the same time last year.”

Case numbers were not available for Oswego County, although Greene said the number of cases handled by the assigned-counsel program has increased. Cases also are up in Onondaga and Madison counties.

“Between now and Dec. 31, we expect an onslaught of vouchers” from lawyers who need to be paid, Greene said.

Lawyers who work with the assigned-counsel programs receive $75 per hour for felony cases and family court matters and $60 per hour for misdemeanors.

Lawyers have about 60 to 90 days from the time their cases are done to file vouchers. The vouchers go to the judge who presided over the case, who approves them and passes them along to the assigned counsel office for payment.

In Oswego County, the budget already is depleted and the office has yet to receive any vouchers from defense lawyer Salvatore Lanza.

The lawyer represented Alan Jones in his three-week murder trial and Jones’ mother and stepfather, Lynn and Lindsey Maxwell, in their two-week trial for endangering the welfare of a child.

“There is a discord from being out of work that leads to problems in the home,” Greene said. “That leads to family offenses, orders of protection, custody hearings. It just keeps escalating.”

In Onondaga County, the assigned-counsel program probably won’t run over budget this year, said Francis Walter, program board of directors president.

“We’re almost dead even with what’s been budgeted,” Walter said of the nearly $4.5 million assigned-counsel budget. “But we’re seeing the numbers of cases handled are up.”

Onondaga County’s assigned-counsel office handles all the criminal cases while Hiscock Legal Aid, with a $2.6 million budget, handles all family court and civil matters.

Tina Wayland-Smith, director of the Madison County assigned-counsel program, said the budget for the criminal side of the program is OK so far. But she has asked the county Board of Supervisors for extra money twice ($50,000 each in August and October) to keep the family court program running.

“More people are coming to court — and it directly ties into the economy,” she said.

Cayuga County’s Hoskins said his lawyers cover criminal and family court matters and represent inmates at Auburn Correctional Facility and Cayuga Correctional Facility during parole hearings or parole revocation hearings. That cuts into his budget, too, he said.